Wikivorce is a well respected, award winning social enterprise
Volunteer run - Government sponsored - Charity funded
Our organisation helps 50,000 people a year through divorce
|<< Back to Services Home|
Legal advice on child residence, contact and other arrangements.
|- Expert Legal Advice|
|- Child Court Orders|
|Our Areas Of Expertise|
- Residence (Who the
children will live with)
- Contact (How often
you can see your child)
- Apply To Take
- Prevent a Planned
- Dealing With
|Apply To Take Child To Live Abroad|
Obtaining permission from the court to take your children to live overseas
To take a child from England & Wales to another country you will need permission from everyone who has parental responsibility or, if child proceedings are ongoing, permission from the court. If you remove a child from England & Wales without the appropriate permission you will be deemed, under the Hague Convention on Child Abduction, to have abducted the child. Therefore, it is very important to seek legal advice at an early stage.
With the move from custody to parental responsibility, shared care arrangements and the presumption of involvement from both parents it has become more difficult for one to relocate to another country.
The Children Act contains no specific provision for permission to relocate and so the court will focus on whether it is in the best interests of the welfare of the child.
In addition to considering the welfare of the child the court will also need to be convinced that any relocation is not a veiled attempt to deprive the remaining parent of contact.
So any application made must be very clear on the reasons for the relocation such as improved career prospects. Considering how contact can be maintained including travel and video calls will help to support a well thought through application. As will presenting a clear picture of what the child's life would be in their new home with details on education, child care and family support.
Case Study A - Child removed to USA by mother returned to UK based father
We acted for a father whose child aged 2 had been wrongfully retained in the USA by the mother. After Hague Convention proceedings the mother was obliged to return the child to England. She chose deliberately to live 250 miles from the previous family home.
The father made excellent notes of conversations between them where the mother had threatened the father that if he insisted that the mother and child had to return to England that she would make life as difficult as possible for him.
The mother made allegations of domestic violence against the father. She also made an application to relocate back to the USA with the child. The court decided that the child be joined as a party to proceedings due to the totally different perspectives of the mother and the father. The court also decided that the mother's allegations of violence should be tested at the same hearing. The mother indicated that her friend in the USA was only a friend whereas the father said that he was in a relationship with her.
We also discovered that the male friend had been successfully sued in the USA in his position as a teacher for inappropriate touching. The mother indicated to the court that she intended to move back to the USA even if the court said that the child should stay in England.
At the final hearing the judge decided that there was no substance to allegations domestic violence. He was also very concerned about the mother's male friend especially as it became apparent in proceedings that the mother was wearing an engagement ring from the male friend.
The judge decided when using the children act checklist that the welfare of the child was best served by residing with the father in England. True to her word the mother returned to the USA to live with her male friend without the child. Therefore the mother's application was relocation was refused and the father was delighted by the outcome.
Case Study B - Mother successful in application to take children with her to Canada
We acted for a mother who wanted to return to Canada with her 14 year old twins. The father and the mother separated in 2010. There was then a series of Children Act proceedings. The mother asked the father whether he would consent to the children relocating to Canada.He refused.
Before our involvement the mother went to Court to try to issue the application. The High Court judge listed the matter on notice so that the father could attend. At the next hearing the father had attended with a senior barrister (QC) he said that the children were not safe with the mother, that there needed to be an interim Care Order. That the risk of the children being with the mother needed to be assessed by what is called a section 37 order. There was also an order that a child psychologist should prepare a report to assist the court. The mother then instructed us.
The children then managed to get their own representation as they were clear that they wanted to relocate to Canada. The court allowed the children to have their own voice in the proceedings. The local authority, where the children lived, confirmed that they were safe living with the mother. The judge at the pre-trial review was very pleased with the detailed evidence provided by ourselves on behalf of the mother and also placed great weight on the children's wishes and feelings. He made an order that the children could relocate to Canada with the mother. The mother was delighted with the outcome and the children are now happily settled in Canada with her.
Expert family lawyers who specialise in issues relating to children
Our services are delivered by highly experienced solicitors who are specialists in child related family law matters and capable of handling complex cases particularly those with an international aspect.
Brethertons are a successful law firm with an excellent reputation. They are highly rated in the Legal 500 and Chambers directories. They have grown rapidly in the last few years and now have over 250 employees. They have a large and experienced family law department that is capable of handling complex cases involving divorce, finances and child contact/residence issues. Brethertons are fully accredited by the Solicitors Regulation Authority and follow their code of conduct.
Simon Craddock is the partner responsible for child related family law matters at Brethertons. Simon is a specialist in international child abduction law. He is one of only a handful of qualified lawyers in the UK who is a member of the International Child Abduction Hague Convention and Wardship panel. Simon is one of the few recommended solicitors endorsed by Reunite and ICACU. His family law expertise includes ancillary relief matters, and he has a deep understanding of international family law. He recently became a member of the International Bar Association.
These organisations provide specialist support and advice to parents dealing with the issue of child abduction.
Resolution is a national family law organisation with over 6500 members who are family lawyers and other professionals committed to the constructive resolution of family disputes. They promote non-confrontational approach to family problems. They award accreditations for aspects of family law after assessing whether the individual has met the required standards. Brethertons have 2 members who are accredited specialists in child abduction and private children law.
The Law Society represents solicitors in England and Wales. They aim to support their members and promote the highest professional standards and the rule of law. The Law Society's accreditation schemes award a quality mark to those who meet the highest standards of expertise and client service in specific areas of law. One of our solicitors is an accredited specialist in the Law Society advanced family panel for child abduction and children act law.
For FREE advice on children matters call Wikivorce today
|Call FREE from a landline: |
0800 44 88 66 44
|Mobile friendly local nbr: |
01202 80 50 20
|Open 9am - 8pm, Mon to Sat|
and 2pm - 8pm on Sundays |
Can't talk right now? Book a call back from our expert advisors
Buyer's Guide | Our Services | Fixed Price Divorce | Financial Settlement | Solicitor Price Comparison | FAQs | About Wikivorce | Contact Us
Wikivorce, the world's largest divorce support community, is operated by Web Communities Limited. UK Registered company nbr 06460257. Wikivorce is not a law firm.
The legal services on this site are provided by selected family law firms that are registered with the law society and regulated by the Solicitors Regulation Authority.
© Copyright Web Communities Ltd 2007 to 2017. All rights reserved. Wikivorce ® is a registered trademark.